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Dressler, Matteo, Nils Duquet & Julia Eckelmann. 2021 ‘Changes in Regulations. Germany.’ Forgotten Weapons? Non-regularised firearms in the European Union, p. 22. Brussels: Flemish Peace Institute. 28 April

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Germany implemented significant legislative changes to its firearms laws in 1972 and 1976. While these changes occurred almost 50 years ago, it is worth discussing this historical example because some experts believe that these changes are connected to a significant share of the country's current illicit firearms possession.

The 1972 amendment marked a departure from a practise whereby citizens could acquire most firearms without a licence or proof of good cause. This liberal practice had been based on the re-introduction of pre-Second World War regulations in the mid-1950s. In 1972, and after readjustment in 1976, most live-firing firearms became subject to licensing or registration or became prohibited. A "registration amnesty" was put in place, making it possible to register firearms — purchased before the regulatory change — which would become prohibited after the law changed. Yet, not all firearms owners registered their guns.

Different assessments exist on how large these numbers of non-regularisation were and to what extent firearms non-regularised at that time are still in circulation today. While the German criminal police do not encounter these firearms frequently in criminal investigations, a leading expert on legal firearms control in 2019 stated in the Committee for Interior and Homeland Affairs of the Bundestag that these firearms make up the majority of illicitly held firearms in Germany. He went on to say that it is mostly otherwise law-abiding citizens that hold these firearms, not criminals, which would explain why they are rarely seized in criminal investigations. In addition, he explained that between the mid-1950s and 1973, citizens bought large quantities of firearms (legally) through mail-ordering businesses such as Neckermann and Otto. According to him, at the beginning of the 1970s, many citizens were not aware or did not sufficiently understand the legal provisions that allowed them to register all firearms, including military-grade firearms, legally. Therefore, many individuals decided to keep these weapons in their possession as non-regularised firearms illegally.

ID: Q15483

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